1. Introduction

1.1.    The introduction of the Building Safety Act 2022 (the BSA) was as a response to the tragedy at Grenfell Tower in 2017 and aims to ensure accountability throughout the housing and construction sectors.

1.2.    It was introduced partly to give residents and homeowners in higher-risk buildings more rights and protections.

1.3.    Under the Building Safety Act 2022 a higher-risk building is any high-rise residential building that has at least:

• 7 storeys or is at least 18 metres high
• 2 residential units

1.4.    These buildings must be registered with the Building Safety Regulator before people live there.

2. Principles and purpose

2.1.    Section 93 of the BSA requires the Principal Accountable Person (PAP) of an occupied higher-risk building to establish and operate a system for investigating complaints in relation to:

• A building safety risk, such as structural failure and spread of fire; or
• The performance by an accountable person (AP) for the building under any duty, or under regulations made under Part 4 of the BSA.
• As well as investigating relevant complaints, as defined above, Warwick District Council acknowledges that:
• Any person is able to make a relevant complaint, not just the residents occupying the higher-risk building; and
• The Council will ensure building safety complaints are prioritised based on the level of risk involved rather than the date they were received.

2.7.    A record of any higher-risk building complaint will be held for 7 years showing the following:

1. the information contained in the complaint
2. steps taken by any AP for the higher-risk building in response to the complaint
3. any involvement of the regulator in relation to or in response to the complaint
4. the outcome of the complaint

2.8.    If more than one relevant complaint is made about the same issue within a 7-year timeframe, this is known as a recurring relevant complaint. For each recurring relevant complaint, the PAP must keep at least one of the following:

1. the subject and nature of the recurring complaint
2. the date that the recurring complaint was made

2.9.    There may be times when a complainant chooses to challenge the response or decision to a complaint. Under these circumstances Warwick District Council will:

• review the original response
• consider if there are further concerns that need addressing

2.10.    The PAP and the AP will work with complainants to reach an outcome where everyone is satisfied and decide how and when to close the matter.

2.11.    An issue relating to structural failure and spread of fire (building safety risks) or the performance of an AP, can be referred to BSR with the complainant’s consent when:

• an agreement cannot be reached between the PAP and the AP
• there is no satisfactory outcome after a final response is given
• the complainant is not satisfied with the outcome